Friday, August 22, 2008

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Barack will set the minimum wage to rise with inflation. But John McCain is more concerned about making sure limits on campaign contributions rise with inflation -- and he's voted against raising the minimum wage 19 times.

New Delhi: The Asian Centre forHuman Rights (ACHR) today releases acomparative assessment of thehuman rights records of South Asiangovernments at a press conferencein New Delhi.

The "South Asia Human Rights Index2008"(http://www.achrweb.org/reports/SAARC-2008.pdf) finds that undertheACHR’s index scoring system Sri Lanka (with 52 points) is the worsthumanrights violator in South Asia followed by Bangladesh (45), Bhutan(43),Pakistan (41), Maldives (23), Nepal (24) and India (24).Afghanistan hasnot been included for indexing purpose. Afghanistan’ssecurity is ensuredby international forces over which the governmentof Afghanistan has nomechanism to establish accountability - anecessary condition forindexing.

The indexing system is based oncomparative assessment of nine thematicissues crucial for theenjoyment of human rights: political freedom, rightto life, judiciaryand administration of justice, status or effectivenessof NationalHuman Rights Institutions, press freedom, violence againstwomen,violations of the rights of the child, violations of the rights oftheminorities and indigenous/tribal peoples and repression on humanrightsdefenders.

While Sri Lanka is the worst in the region, the reportalso underlinesthat all countries in the region have very poorrecords. The regionalanalysis also shows a high level of commonalityin human rights patterns.Discrimination is endemic, institutionalisedand in many cases legalised.Human rights violations are integral tocounter-insurgency operationsconducted by the military andpara-military forces. Human rightsviolations are routinely perpetratedin detention. Security laws tend tobe poorly framed, routinely abusedand used as blanket cover to silencelegitimate dissent rather thantackle security.

South Asiarequires reforms: (i) reform of archaic and punitive criminaland penallaws and the regime of sovereign immunity for the government anditspersonnel; and (ii) reform of the official mindset with regard tohumanrights.

Reform will not happen if human rights violations, committedboth by thesecurity forces and armed groups, are not promptly,thoroughly,independently and impartially investigated and thoseresponsible broughtto justice, the system which allowed them to committhose crimes remainsintact.

South Asia is becoming increasingly avictim to internal conflicts as aresult of the failure to reform whereimpunity to the security forces andthe Armed Opposition Groups is therule.

Sri Lanka: No. 1 Violator-------------------------

With52 points, Sri Lanka is South Asia’s worst human rights violator.SriLanka had the worst human rights records for violations of theright tolife, the rights of the child, attacks on human rightsdefenders andviolations of the rights of the minorities. On pressfreedom, it rankedsecond worst violator only after Bhutan – which hasno independent press.These increased violations are a directconsequence of the war. Civiliansin Sri Lanka are deliberatelytargeted by all sides to the conflict.

“Discrimination lies at theheart of the war with the Tamils and theintroduction of restrictionson Tamils travelling to Colombo are apowerful symbol of governmentintent. The political ramifications of theexclusion - not least interms of prospects for a peaceful settlement ofthe conflict - of anentire ethnic group from the nation’s capital are ofdeep concern.” –stated ACHR.

In Sri Lanka, attacks on freedom of expression were ofparticular concernand led the killing of seven journalists in2007.

There are no precise figures on the number of civilians killedbecausereporting on war is banned.

“The beginning of any solutionis good information. Not only is SriLanka’s conflict resulting insystematic violations of human rights ofcivilians, but by deliberatelyoppressing journalists and freedom ofexpression, this measure closesoff any means for the government to haveaccess to independentinformation and understand the extent of the problemand the negativeconsequences of its own actions.” - said Suhas Chakma,Director of theAsian Centre for Human Rights.

In April 2007, Police Chief VictorPerera stated that the Police have togo beyond the law to combatcrime.

“This is an extraordinarily dangerous and irresponsibleinstruction to apolice force with a reputation for high levels ofdiscrimination, humanrights violation and disregard for the rule oflaw”.

The results are there: disappearances began to rise again: 540personsdisappeared across Sri Lanka from January to August 2007 withethnicTamils suffering disproportionately –78.89% compared with1.85%(Sinhalese) and 3.52% (Muslims) with 50% of the cases beingreported fromJaffna district alone.

“Sri Lanka’s Human RightsCommission became the first one in South Asia tobe downgraded toObserver Status by the International CoordinatingCommittee of NationalInstitutions the international body governingNational Human RightsInstitutions citing government influence on itsindependence. The SriLankan Human Rights Commission is the worst one inSouth Asia”

“Inno other South Asian country, so many human rights defenders havebeenkilled. By September 2007, at least 43 aid workers were killed and14others were missing in Sri Lanka since the escalation of theconflict.” –asserted Mr Chakma.

Sri Lanka has the highest number ofchild soldiers in South Asia with6,248 recorded cases of recruitmentof by the LTTE and 453 cases by theTamileela Makkal Viduthalai Pulikal(TMVP), the Karuna faction. “It isgovernment policy to allow theKaruna group and the Eelam People’sDemocratic Party (EPDP) to recruitchild soldiers.” – stated ACHR.

Bangladesh: The land of Kangaroojustice-----------------------------------------

With 46 points,Bangladesh was ranked No. 2 human rights violator in theregion. Onpolitical freedom, Bangladesh scores the worst in the regionwith aneffective ban on politics. In the first 10 months of 2007, a totalof440,684 people had been arrested and of these, only 239,480 wereissuedarrest warrants. Only 778 were wanted by the police for criminaloffences.

The Rapid Action Battalion and other security forcescarried out 184 inso-called “cross-fire” killings – a euphemism forextrajudicial killings.The use of torture in Bangladesh is routine.Impunity for human rightsviolations is total.

Bangladesh is theonly country where any law i.e. Emergency Powers Rulesof 2007 havebeen applied retroactively – a non-derogable principle intheadministration of justice under international human rightslaw.

On press freedom, the government arrested numerous journalistsin casesthat raised serious concerns over the application of thelaw.

Indigenous/tribal peoples and minorities continued to be thetarget ofattacks by the majority and the State. The government hasintensifiedillegal settlement of plain settlers into the ChittagongHill Tracts. Theextent of the discrimination is hard to believe. A newstudy by DhakaUniversity showed that some 1.2 million or 44 per centof the 2.7 millionHindu households in Bangladesh were affected by theEnemy Property Act,1965 and the Vested Property Act, 1974. Effectivelythe law is empoweredto describe 2.7 million innocent citizens as‘enemies of the State’ and ifthey so wish seize theirproperties.

Human rights activists were subject to surveillance.Those defenders fromor working with indigenous and minoritycommunities were the subject ofparticular harassment. The governmenthas failed to punish the guiltyresponsible for the custodial killingof indigenous Garo leader, CholesRitchil in March 2007.

Pakistan:PEMRA, the most draconian press regulatory body in SouthAsia------------------------------------------------------------------------

The human rights situation in Pakistan deteriorated in 2007 asPresidentMusharraf increased repression in an attempt to retainposition and power.In 2007 Hundreds of people have been disappeared.Arbitrary andincommunicado detention and torture in detention remainedroutine.Impunity for human rights violations remained veryhigh.

“InSouth Asia, the Indian judiciary has always demonstrated thehighestlevels of independence but in 2007, it must gracefully yield tothePakistan’s judiciary for its struggles against oppression.”- statedACHR.

On press freedom, Pakistan Electronic Media RegulatoryAuthority (PEMRA)was the most draconian press regulatory body in SouthAsia. At least sixjournalists were killed, one disappeared afterabduction and many wereattacked by law enforcement agencies, politicalactivists andfundamentalists groups in 2007.

Pakistan’s systematicdiscrimination against half of its population -women – continued.Apart from being legalized discrimination for theoffences of Zina(Enforcement of Hudood Ordinance of 1979), honourkillings and rape ofwomen at the order of jirga (traditional court) werecommon. BetweenJanuary and December 2007, at least 1,305 people including792 womenand 34 minor girls were victims of honour killings.

Pakistancontinued systematic and legalised discrimination againstreligiousminorities. Religious minorities particularly Hindus andChristians,and Ahmadiya sect of Islam were targeted under blasphemy laws.In 2006,90 cases of blasphemy were reported. Out of these, only 48wereregistered with the police in which 27 accused were Muslims, 10Christiansand 11 Ahmadis.

Bhutan: India underwritesracism---------------------------------

Bhutan made gains over pastyears but the watershed development forallowing two-party guideddemocracy in Bhutan was discredited by the banon 70,000 alleged“foreigners”, ethnic Nepalese, to participate in themock electionsheld in 2007.

On the judiciary, the King of Bhutan not only remainedthe absoluteauthority to grant pardon, appoint and dismiss judges butof the five newjudges appointed in 2006, three were senior civilservants who have nolegal background.

On press freedom too, Bhutanwas the worst performer. Bhutan allowed theregistration of twoprivate newspapers - The Bhutan Times and The BhutanObserver. In June2007, the “www.bhutantimes.com” website was blockedfrom viewing inBhutan.

Maldives: A judicial belief that children are willingpartners in gangrape-------------------------------------------------------------------

Though Maldives has been making slow but perceptible progresstowardsdemocracy since 2005, the independence of judiciary remains theMaldivesweakest point.

President Maumoon Abdul Gayoom not onlyremains effective head of theJudiciary but also decisions of theCourts were atrocious when it came torape. The sentences wereextraordinarily lenient when it came to rape andin no sense reflectedthe gravity of the crime. The punishment for rape isbanishment to anisland and not imprisonment.

On 31 January 2007, a 12-year-old girlwas gang raped by four men afterbreaking into her home at Kurendhoo inLhaviyani Atoll. However, the fouraccused were cleared of rape and thejudge sentenced them to eight monthsexile for sex outside marriage inJuly 2007. The Judge noted in his rulingthat: “the girl had reachedpuberty” and claimed “she was a willingpartner,” because she had notscreamed, struggled or told hersister-in-law or step mother about theevent.

“President Gayoom did nothing as the head of the judiciary tooverrulesuch atrocious judgments” – stated Mr Suhas Chakma.

Onpress freedom, the Maldives remain repressive. It attempted tobringflawed Draft Bill on Freedom of the Press. A number ofjournalists werearrested and assaulted by the securityforces.

In 2007 human rights remained more positive than during theconflict. Thebiggest concern in Nepal was not so much state violationbut rather defacto absence of state; an absence that in 2007facilitated politicalviolence by the Communist Party of Nepal (Maoist)and the proliferation ofarmed groups and violence in the Terai.

TheMaoists and Mahdesi armed oppositions groups were responsible formoreviolations than the security forces in 2007.

On the right tolife, Nepal performed poorly. Nepalese NGOs estimates 33persons werekilled by the security forces in 2007. The Maoists andMahdesi armedopposition groups were also responsible for significantnumbers ofkillings. Torture remains systematic in Nepal.

“Nepal’s peace is nota given. Nepal lives under the shadow of a highlypoliticisedanti-democratic Army, the Peoples Liberation Army and theYouthCommunist League and a host of other armed criminal gangs who arenotaccountable to anyone except themselves.” – stated Asian CentreforHuman Rights.

In the absence of state in 2007, the UnitedNations Mission to Nepal(UNMIN) and Office of the High Commissionerfor Human Rights playedcritical role to the peace process, confidencebuilding and addressinghuman rights violations.

“However there is avested interest at work against the UNMIN and OHCHR’smissions. This isa dangerous strategy given the high potential of thesituations inNepal deteriorating into wider conflict to the detriment oflong termand durable peace” – stated ACHR.

India is the best human rights performer in South Asian region becauseofthe existence of institutional mechanisms. However, its record onhumanrights continued to be poor.

India continued to fail to ensurepolitical freedom and inclusion tovulnerable groups like Dalits,Sikhs, who migrated from Pakistan to Jammuand Kashmir in 1947 and theChakmas and Hajongs of Arunachal Pradesh.

“India records high numberof cases of blatant violations of the right tolife through custodialdeaths, fake encounter killings, torture andkillings through thedisproportionate use of fire-arms. From 1 April 2007to 31 December2007, a total of 1,459 cases of custodial deaths wereregistered. Itimplies over 5 persons were killed in custody every day.

India’s National Human RightsCommission has failed to reduce custodialdeaths. It suffers fromcredibility crisis due to statutory limitationsand operational flaws. NHRC is facing nine writ petitions from AsianCentre for Human Rightsfor denying the opportunity of hearing to thevictims andcomplainants.

Vulnerable groups like Dalits and indigenous/tribalpeoples continued toface gross human rights violations. The NationalCrime Records Bureaureported that a total of 5,791 cases wereregistered for atrocitiesagainst Scheduled Tribes in 2006 compared to5,713 cases in 2005. Thismeans an increase of 1.4% in 2006 from 2005.During the same period,27,070 cases were also registered foratrocities against the ScheduledCastes.

“Asian Centre for HumanRights considers these statistics as inaccurateand just tip of theiceberg. After all, the National Crime Records Bureauabsurdlyreported that 2 custodial rape cases in 2006, 7 in 2005 and 2 in2004despite reports of rape pouring in on regular basis”. – stated MrSuhasChakma

“What is most disturbing is that children are increasinglybeing used bythe State and the AOGs in armed conflict situations. Itis not only inChhattisgarh, it is increasingly becoming a feature inmost conflictsituations in India”.

The NCRB recorded a total of18,967 cases of crimes against childrenreported in the country during2006 as compared to 14,975 cases during2005, reflecting an increase of26.7%.

India also discriminates against tribal internally displacedpersons.There are about 4,50,000 internally displaced persons as aresult ofconflict including about 200,000 Santhals, Bodos and Muslims,- 43,740persons in 20 relief camps in Chhattisgarh,- 55,476 KashmiriPanditfamilies and - 35,000 Brus of Mizoram sheltered inTripura.

“The discrimination is clear and stark. Presently, Kashmiripandits areprovided cash assistance of Rs 1,000/- per head per monthsubject to amaximum of Rs 4,000/- per family per month both at Jammuand Delhi reliefcamps besides basic dry rations. This assistance hasbeen proven to beinadequate. Yet, a Bru tribal adult gets cash of Rs2.90 per day (i.e. Rs87 per month) and a minor gets Rs 1.45 per day(i.e. Rs 43.5 per month)and 450 gram of rice is being provided to peradult Bru per day”.

The government of India and various Stategovernments perpetrated similardiscrimination against tribalsdisplaced by development projects. Forcibledisplacement withoutjustice and adequate compensation have beencontributing to India’sgrowing conflicts whether in Nandigram of WestBengal or Tipaimukh ofManipur. Each Special Economic Zone and eachMemoranda of Understandingsigned with State governments for dams andother projects is apotential zone of conflict.

Apart fromstrengthening the national mechanism to address suchviolations, AsianCentre for Human Rights recommends that 15th SAARCSummit establish aworking Group of Eminent Persons of South Asia toexplore thepossibility of drafting a South Asia Human Rights Conventionwith fulland active participation of civil society groups andotherstakeholders. ACHR also urges the National Human RightsInstitutions inSouth Asia to emulate the role of their counterparts inSouth East Asia toestablish a South Asia Sub-Regional human rightsmechanism.[End]